Fundamental Human Rights and Democracy: Principles and Institutions
UD5: Human Rights
1. What are Fundamental or Human Rights?
Fundamental or human rights are conditions that every human being possesses simply by existing, and their implementation is essential for development.
2. Generations of Human Rights
Human rights have expanded into three generations:
- First-generation: Civil and political rights of individuals.
- Second generation: Social, economic, and cultural rights.
- Third generation: Solidarity rights, environment, peace, and development of peoples.
3. Origins of Modern Rights Declarations
The record of modern rights declarations began in the late eighteenth century with precedents like:
- Declaration of Rights of Virginia (1776)
- Declaration of the Rights of Man and of the Citizen (1789)
4. Universal Declaration of Human Rights
The Universal Declaration of Human Rights was adopted on December 10, 1948. This date is also celebrated as International Human Rights Day.
5. Fundamental Characteristics of Human Rights
Human rights have three fundamental characteristics:
- Universal: Rights apply to all persons without distinction.
- Inalienable: Rights belong to the individual and cannot be transferred.
- Non-negotiable: All human rights are important and cannot be compromised.
6. Ensuring Compliance with Human Rights
The United Nations and its specialized agencies, such as UNESCO, are primarily responsible for ensuring compliance with human rights.
7. International Courts for Human Rights
Three major types of international courts defend human rights:
- International Court of Justice: Adjudicates disputes between states.
- International Criminal Court: Judges crimes of genocide, war, and humanity.
- Special Courts: Created for flagrant human rights violations (e.g., Rwanda, former Yugoslavia).
8. Human Rights Violations in Developing Countries
Common human rights violations in developing countries include:
- Torture, illegal detention, political repression, violence
- Child exploitation, discrimination against women, child participation in war, slavery
9. Human Rights Violations in Developed Countries
Even in developed countries, human rights violations persist, such as:
- Violence against women, child abuse
- Discrimination based on race or sexual orientation
10. Highest Aspiration of Humanity
The preamble of the Universal Declaration of Human Rights proclaims the advent of a world in which human beings, free from fear and want, enjoy freedom of speech and belief as the highest aspiration of humanity.
UD6: The Path of Democracy
1. State and Democracy Defined
- State: The set of political institutions governing a territory.
- Democracy: A system where power resides with the people.
2. Characteristics of Modern Democracies
Modern democracies are:
- Representative Democracies: People elect representatives to govern.
- Participatory Democracies: Universal suffrage allows all adult citizens to participate.
3. Basic Principles of Democracy
Democracy is based on:
- Justice: A legal framework ensures coexistence.
- Freedom: People can decide their lifestyle and participate in decisions.
- Equality: Equality before the law, elimination of extreme poverty, and public welfare.
4. Citizen Participation in Government
Citizens participate indirectly through:
- Expression of opinion in media, surveys, forums, letters to the editor
- Participation in political associations (unions, parties, NGOs)
- Participation in civic committees and commissions
Citizens participate directly through personal vote.
5. Principles of a Social and Democratic State of Law
Fundamental principles include separation of powers, justice, freedom, equality, and solidarity.
6. What is a Constitution?
The Constitution is the most important law, forming the legal system that organizes our lives together.
7. Key Aspects of the Spanish Political System
The Spanish Constitution establishes:
- Spain as a social and democratic state of law.
- National sovereignty residing in the Spanish people.
- A parliamentary monarchy as the form of state.
- A decentralized state with 17 autonomous communities and 2 autonomous cities.
8. Rights of Spanish Citizens
The Constitution guarantees rights such as:
- Life, physical and moral integrity
- Freedom of ideology, religion, and worship
- Free choice of residence and movement
- Personal security, honor, and privacy
- Freedom of expression, strike, assembly, and association
- Education and decent housing
9. Duties of Spanish Citizens
Citizens have duties such as:
- Tax payment
- Environmental conservation
10. Democratic Institutions of the Spanish State
Main institutions include:
- Head of State (Crown)
- Prime Minister’s Office
- Senate
- Congress of Deputies
- General Council of the Judiciary
- Constitutional Court
- Ombudsman